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York City School Board public comment session raises Sunshine questions

By Angie Mason

Updated:
03/21/2014 04:51:31 PM EDT

A media law attorney says limits imposed on public comment during a recent York City School Board meeting raise Sunshine Act issues, but the board's solicitor disagrees.

During a meeting Wednesday, people signed up to speak during a public comment session on non-agenda items were told they must be 18 years old and could not speak about issues related to New Hope Academy Charter School.

Melissa Melewsky, legal counsel for the Pennsylvania Newspaper Association, said in an email that the act requires that the opportunity for public comment be given to "residents and taxpayers." Those younger than 18 are residents and some could even be taxpayers, she said.

Additionally, she said, the act requires agencies to provide an opportunity for public comment on matters 'that are or may be before the board," and the charter issue could come back to the board.

But Jeff Gettle, the board solicitor, said the board couldn't have such restrictions for comments on agenda items, allowed during a different part of the meeting. The intent of the law is to allow comment on matters before the board takes action on them, he said.

But he said his understanding is the board can "put restrictions (on) or have rules associated with things considered non-agenda items."

Minors can't own property and therefore be taxpayers, he said, and it's been the board's practice to consider adults as residents. It might be different if a parent appeared and wanted their minor child to make comments, he said.

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But Melewsky said the non-agenda portion of the meeting should be more accessible. It's sad the school board discouraged students attempting to participate in the policy-making process, she said.

"Students under 18 have the right to speak at public meetings, and the school board should encourage their participation, not limit it, especially when the policy will have a direct impact on their education," she wrote.

Gettle said he understood that element of the situation, but that there were other issues associated with comments related to New Hope, such as ongoing litigation.